On any view, the world of international patents is fast-paced and constantly changing in shape. Barely a week goes by without an important development from a major national Court or the EPO in a…
As the Supreme Court had held for European Patents (SC 6 March 2009 Boston Scientific/Medinol), the Court of Appeal now affirms that the so-called Spiro/Flamco doctrine, which set strict requirements…
The District Court of The Hague holds the Dutch part of Eli Lilly's olanzapine patent and SPC invalid because the substance olanzapine has been directly and unambiguously disclosed in a prior art…
On 1 March 2010, Commercial Court number 1 of Pamplona handed down a judgement dismissing a declaratory non-infringement action filed by L.C. against N. The Court rejected the claim in its entirety,…
In this case, the Board of Appeal had to decide whether a claim containing a feature for which the description contained erroneous figures only met the requirements of Article 83 EPC (sufficiency of…
The Supreme Court confirmed the Court of Appeal's decision that the certification of the status of creator of a technical achievement is an indispensable condition for monetary compensation of an…
The District Court of The Hague holds that in case of ambiguities in the claim language the skilled man will consult the prosecution history to determine the scope of protection. The patent can not…
In this case the Commercial Court lifts an ex parte preliminary injunction against the launch of several generics of Pramipexol after an inter partes hearing. The ex parte decision was grounded on a…
The Barcelona Court of Appeal found that the process used by the defendants to obtain amlodipine was not equivalent to the process protected by the patent in suit. The Court relied on the three…
The Enlarged Board of Appeal answers three questions of law as follows:
Question 1: Where it is already known to use a medicament to treat an illness, Article 54(5) EPC does not exclude that this…
